MYERS v. STATE OF NEW YORK


46 A.D.3d 1030 (2007)

846 N.Y.S.2d 923

KENNETH MYERS, Appellant, v. STATE OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided December 13, 2007.


Spain, J.

Claimant, an inmate, contends that medical personnel at Sullivan Correctional Facility in Sullivan County erred in the treatment of his knee injury by delaying necessary surgery. Specifically, claimant alleges that he was required to undergo physical therapy, which he contends worsened his condition, instead of knee surgery, despite the medical personnel's knowledge that he had a foreign object lodged in his knee. Following a trial, at

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